Section 3-21-11 – Conflicts between zoning regulations and other statutes and ordinances.
If any other statute or regulation or other local ordinance, resolution or regulation adopted under authority of Sections 3-21-1 through 3-21-14 NMSA 1978 is applicable to the same premises, the provision shall govern which requires: A. the greater width or size of yards, courts or other open spaces; B. the lower height of building or […]
Section 3-21-12 – County zoning authority; authority to contract.
A county zoning authority may contract for staff assistance and the service of another body if the other body is a: A. state agency; B. federal agency; C. private planning agency; or D. planning or zoning commission of a municipality within the county. History: 1953 Comp., § 14-20-10, enacted by Laws 1965, ch. 300. ANNOTATIONS […]
Section 3-21-13 – Zoning enforcement by counties.
A. Counties having authority to regulate building and zoning under Sections 3-21-1 through 3-21-14 NMSA 1978, may enact ordinances to carry out that authority the same as a municipality, except where inconsistent with statutory or constitutional limitations placed on counties. The ordinances are effective only within the zoning jurisdiction of the county. B. County ordinances […]
Section 3-21-14 – Adoption of county zoning ordinances.
A. Ordinances authorized under Section 3-21-13 NMSA 1978 may be proposed by any member of the board of county commissioners but shall not be submitted to the board for final passage until after publication. B. A majority of the board members may order publication of the title and a general summary of a proposed ordinance […]
Section 3-21-15 – [Special zoning districts;] short title.
This act [3-21-15 to 3-21-26 NMSA 1978] may be cited as the “Special Zoning District Act.” History: 1953 Comp., § 14-20-13, enacted by Laws 1965, ch. 206, § 1. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For Municipal Airport Zoning […]
Section 3-21-3.1 – Additional procedures for extraterritorial zoning and subdivision regulation.
In addition to the powers authorized in Sections 3-21-2, 3-21-3 and 3-21-4 NMSA 1978, any county and any municipality may agree to authorize a joint municipal-county zoning authority to enact ordinances, regulations, or both, relating to approval and regulation of subdivisions within the extraterritorial zoning area as defined by the agreement creating the joint municipal-county […]
Section 3-21-16 – Purpose of act.
The purpose of the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] is to promote the health, safety, morals and general welfare of persons residing in areas outside the boundary limits of incorporated municipalities. History: 1953 Comp., § 14-20-14, enacted by Laws 1965, ch. 206, § 2. ANNOTATIONS Law reviews. — For note, “County […]
Section 3-21-3.2 – Extraterritorial zoning in class A counties; procedures.
A. In a class A county in which a municipality is located that has a population of: (1) more than three hundred thousand persons according to the last federal decennial census, there shall be no extraterritorial zoning; or (2) three hundred thousand or fewer people, concurrent extraterritorial zoning jurisdiction between that municipality and the county […]
Section 3-21-17 – Definitions.
As used in the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978]: A. “person” includes one or more individuals, partnerships, associations, corporations, the state, any political subdivisions of the state and its agencies; B. “district” means special zoning district; C. “commission” means zoning commission; D. “single family dwelling” means a house which is occupied, […]
Section 3-21-3.3 – Extraterritorial zoning jurisdiction; concurrent authority for certain counties.
A class A county with a population, as shown by the most recent federal decennial census, of greater than one hundred fifty thousand and less than four hundred thousand and a municipality within that county may exercise concurrent authority pursuant to an extraterritorial zoning authority created under Section 3-21-3 or 3-21-3.2 NMSA 1978 or pursuant […]